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· 3/15/1913

Robb & Chichester v. Postal Telegraph & Cable Co.

Citations

  • 104 Miss. 165
  • 61 So. 170

Syllabus

<p>1. Highways. Contracts. Order of board of supervisors. Sufficiency.</p> <p>An order of a -board of supervisors evidences a legal contract with a public road contractor, where the order contains the statement that, before the time of the letting of the contract for working the public roads, advertisement for bids for doing the work was made in accordance with the statute, which statute shows where and how the advertisement is to be published and for what length of time as well as what the notice shall contain.</p> <p>2. Same.</p> <p>It is not necessary in an order of the board of supervisors to set out the evidence of jurisdictional facts where such were found to exist.</p> <p>OPINION ON SUGGESTION OP ERROR.</p> <p>Highways. Contracts. Order. Sufficiency. Code 1906, section 361.</p> <p>Under Code 1906, section 361, providing that the board of supervisors before letting contracts for public work shall give three weeks’ notice either by publishing in a newspaper, or in case none is published in the county, by posting written notices, an order of a board of supervisors letting such contract, which recites that the board had advertised for bids for the work and found that the lowest bid made according to the specifications and advertisement was that under which the contract was awarded was insufficient as failing to show how the advertisement was made and as failing to show sufficiently the jurisdictional facts necessary to authorize the board to act in the matter.</p>

Judges: Reed

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